DATTARAM SAWANT Vs. NAGUESH KOCHKAR

JUDGEMENT

(1.) HEARD Mr. Mulgaonkar, learned Counsel appearing on behalf of the petitioners and Mr. P. Rao, learned Counsel for respondent no. 2.

(2.) BY this petition, the petitioners have taken exception to the following impugned Orders: -

(3.) SHRI Dattaram Sawant (since deceased) had filed an application dated 15/12/1983 under Sections 5 and 8A of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (hereinafter referred to as 'the Act') thereby claiming to be a mundkar of the dwelling house bearing no.131/13 situated at Feira Biaxa, Mapusa, Goa. According to the applicant, he constructed the dwelling house in the property initially belonging to the family of Kochkar and at the time of filing of the application belonging to respondent no.1(since deceased) and that no objection of whatsoever nature was taken by respondent no. 2 at the time of reconstruction/renovation of the said dwelling house carried out by him. According to the applicant, respondent no.2 got the said house recorded in his name in the city survey records and staked his claim of ownership to the said dwelling house and sent notice, dated 28/12/1982, of demand of arrears of rent in respect of the same. The applicant stated that he replied to the said notice alleging that he is residing in the said house as mundkar of respondent no.1 and denied that he was residing therein as a tenant by paying Rs.10/ - per month. The applicant alleged that respondent no. 2 then filed an application under Section 22 of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 before the Rent Controller for eviction of the applicant. Therefore, the applicant filed the application for declaration as mundkar of the said dwelling house.